9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (11) TMI 454 - HC - Central ExciseDenial of refund claim - CENVAT Credit - Contravention of CENVAT Credit Rules - Held that - Findings in the order of the majority, therefore, do not raise any substantial question of law nor does it reflect any nonapplication of mind. The same does not reflect that the impugned order is vitiated by an error of law apparent on the face of record or perversity either. In these circumstances and when the claim has been granted by relying upon the peculiar fact pertaining to the assessee, then, this is not a fit case for interference in writ jurisdiction and the view taken is a possible one. It is taken in the peculiar facts and circumstances. Hence, no wider question or controversy arises for determination - Decided against Revenue.
Issues:
Challenge to Settlement Commissioner's order regarding Cenvat Credit Rules compliance. Analysis: The Revenue challenged the Settlement Commissioner's order dated 26 July 2011, alleging a contravention of the Cenvat Credit Rules, 2004 by the Respondent. The Revenue contended that the Cenvat Credit refund claimed by the Respondent was not related to the unit from which the credit accrued, necessitating compliance with Rule 10 of the Cenvat Credit Rules 2004. However, the Court found this argument unconvincing. The Petitioner relied on Rule 10, which deals with the transfer of Cenvat Credit from one account/unit to another. The Court clarified that this case did not involve a transfer but a refund sought by the same assessee/applicant in relation to a different factory or unit without complying with Rule 10. The Settlement Commission, in the majority opinion, concluded that the Respondent did not contravene the Rules by seeking a refund related to a second unit that had closed down. The Commission allowed the refund based on the specific circumstances of the assessee. The Court determined that the findings in the majority opinion did not raise any substantial legal questions or indicate an error of law or perversity in the decision. The Court emphasized that the decision was based on the peculiar facts of the case and did not warrant interference in writ jurisdiction. The Court held that the decision was reasonable given the unique circumstances and did not give rise to broader legal controversies. Consequently, the Court dismissed the Writ Petition, finding it lacking in merit.
|
